184 A.D. 715 | N.Y. App. Div. | 1918
Claimant was a laborer employed in a coal yard. He was injured by some coal falling on him while he was unloading it into a wagon from a railroad car standing in the yard of
The accident occurred November 25, 1916. At that time coal yards were not classified among the hazardous employments under section 2 of the Workmen’s Compensation Law (as amd. by Laws of 1916, chap. 622)
The Commission was of the opinion that the claimant was not within the act, but thought that by their agreement the parties had placed it beyond their power to question the jurisdiction of the Commission. The insurance carrier, the only appellant herein, was not a party to that agreement. It did not need to be a party if the claim was within the jurisdiction of the Commission. But no act or acquiescence on the part of any one can confer jurisdiction of the subject-matter of a controversy on a court or body exercising the same. This principle is firmly established and if there ever was any doubt about it, such doubt was removed by the recent case of Matter of Doey v. Howland Co. (224 N. Y. 30). The following extract from the opinion in that case finds special pertinency here: “ The fact that the determination of the Commission had been acquiesced in to the extent that certain payments had been made thereunder and an appeal had not been taken therefrom could not prevent either of such parties raising the question at any time they saw fit. This follows from the fact that the determination was a nullity. It bound no one. It was a void determination.” It follows that the Commission had no power or authority to approve the agreement or to enforce its execution.
The decision should be reversed, the award vacated, and the claim dismissed.
All concurred.
Decision reversed, award vacated and claim dismissed.
See § 2, group 19, as since amd. by Laws of 1917, chap. 705.— [Rep.